I am the registered owner of a freehold house in South Kensington but nevertheless pay rent, why is this and what is this?
It’s unusual for properties in South Kensington and has limited impact for conveyancing in South Kensington but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
We are buying a house and the lawyer has raised the issue of Chancel Repair for which the house may be liable given it’s proximity to the area of such a church. She has suggested insurance. Is this really appropriate for conveyancing in South Kensington
Unless a previous purchase of the premises completed after 12 October 2013 you could expect conveyancing practitioners delivering conveyancing in South Kensington to continue to recommend a chancel search and or insurance against a claim.
I have todayfound out that Arc property Solicitors have closed. They conducted my conveyancing in South Kensington for a purchase of a leasehold flat 12 months ago. How can I establish that the property is registered correctly in the name of the former proprietor?
The quickest method to check if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of South Kensington conveyancing specialists.
How does conveyancing in South Kensington differ for new build properties?
Most buyers of new build premises in South Kensington contact us having been asked by the developer to exchange contracts and commit to the purchase even before the property is ready to move into. This is because new home sellers in South Kensington typically acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in South Kensington or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a house in South Kensington prior to retaining conveyancers. I have been informed that there is a flying freehold aspect to the house. Our surveyor has said that some banks will refuse to give a loan on such a property.
It depends who your proposed lender is. Bank of Scotland has different instructions from Birmingham Midshires. If you call us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in South Kensington. Conveyancing will be smoother if you use a solicitor in South Kensington especially if they regularly deal with such properties in South Kensington.